Separation of powers between the EU and its Member States

Abstract

Historically, the founding treaties of the EU, which existed before the Treaty of Lisbon, did not regulate the distribution of powers between the EU and its member states. In this regard, the European Commission in 2001, in its White Paper on European Governance, indicated that there was a clear separation of powers between the EU and its Member States. The European Commission emphasized that "certain principles are needed to determine the distribution of powers between the European Union and its Member States". This is, first of all, necessary in order to answer the frequently asked question by the public: “Who is doing what in Europe? The issue of separation of powers within the EU was settled only after the entry into force of the Lisbon Treaty. In particular, the uniqueness of the EU as a category with specific characteristics (sui generis) is reflected in its entitlement. In particular, the fact that member states transfer part of their sovereignty to it.